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Sport law
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“Free Speech, Football, and Freedom: Why the NFL Should Not Compel Its Players to Speak to the Media”, by Sohil Shah, with his J.D for Emory University of Law and his B.A, from Northwestern University. This article was written and published in the fall of 2014, in the Texas Review of Entertainment & Sports Laws. In Shah’s article he argues how the NFL forces players to talk to the media are a due-process violations of the First Amendment right of freedom of speech and how he does not believe that the NFL should make players talk to the media if they do not want to. Therefore, with his article being an argumentative essay, Shah also provides actual court cases to support his. One case which involved Seattle Seahawk’s running back, Marshawn Lynch, …show more content…
Although the article is long, it’s organized very well for the intended audience. This article gives labels, well-shaped outline, type of language, statistics, as well as references, which is expected in an argumentative article with an intended audience with a high level of education. Shah labels each section based on what will be discussed in that section, labeled with roman numerals. At the beginning Shah gives an outline of what the intended audience will be reading. It helps the audience have a general idea of what he/she should expect when reading. The type of language use in his article is for more experienced readers, such as, lawyers and sport industry students. Words like “municipality”, “entwinement”, and “entanglement”, are advanced vocabulary words that most lawyers would expect in an argumentative essay. Shah also included statistics and court cases that involve the funding of the NFL. Such as, where the money that comes from fining athletes is being used for and money raised from games and etc. Finally, containing references labeled with numbers in order, at the bottom of pages one through seven, it allows the author to cite phrases and quotes used throughout the article. As well as giving the audience more sources related to his …show more content…
One of the main ones was with Marshawn Lynch, when the NFL forced him to speak with the media after refusing to talk to the media the entire previous year, which he was actually fined $50,000 for not talking. After that Lynch had two options which were, talk with the media or be fined another $50,000. Shah used the NFL policy which stated that players must speak with the media after games, but to support his argument he included the First Amendment right to freedom of speech. Statistics were brought into play when Shah stated, “The NFL can be considered a state actor under the entanglement-entwinement exception to the state-action doctrine for a variety of reasons.” (46) Therefore, by being funded by the government, they have to abide by the rules of the government, and which they are not because the First Amendment states that everyone has a right to freedom of speech. And it is necessary because the government is a state actor. So, with statistics about Lynch and different cases it helps lawyers support their beliefs on the NFL policies whether or not if they were to have court cases themselves on topics related to
Ray Rice a former NFL running back who played for the Baltimore Ravens was caught brutally smacking his fiancee over, leaving her blacked out on the floor of a casino elevator taking place in Atlantic City. The footage leaked out world wide and the public created huge controversy over the coverage that continuously played a numerous of times on major news networks. Rice who was cut from the Ravens and suspended from the NFL after the release of the show down is now an unsigned free agent, searching for hope. Through shocking evidence and a glimpse into a professional football players life, I aim to examine how media created an entertainment brand out of the countless amount of times the video was aired, how the NFL handled the scandal, and how Rice strives to regain his identity.
The NFL position in this article makes them look very greedy and indifferent about the overall health of their football players. One of the ethical perspectives that can be used to analyze the NFL's position in this article is deontology. Deontology is the perspective where rules is the defining factor for ethical decisions. From the deontology perspective it makes it seem that the NFL has decided not to follow the rules and even blurred the lines as to what potential injuries their players can get. They wanted their injured players to play without having to follow through the with proper procedure in verifying that the players are in conditions healthy enough to play. It looks as if the NFL cares only about bringing in money and not care about
Throughout history in the NFL, head injuries and fixing those problems have always been hidden from the athletes because of the NFL striving to make a large profit instead of caring for the players. With this being an ongoing problem between NFL players and the NFL itself, many past and current players are digging deeper to find the truth and statistics continue to show how serious this problem actually is. When the lawsuits first began to come known to the public, the NFL agreed to pay over seven hundred million dollars to compensate former players suffering neurological injuries. Many believe the NFL offered this so quickly, hoping to avoid a potential public relations nightmare. The NFL, a ten billion dollar annual business, couldn’t take any type of guilt, or legal discovery, which some inside and out of the industry expected could have caused a fatal blow to the game’s future (Thiel). The settlement may have prevented the public from learning much about the past, but the issue of head injuries is a danger to football and won’t just go away because NFL wants it to (Waldron).
Football is a very violent sport. There is a lot of concern over the risks posed by hits that injure the head and potentially the brain. The players say they have suffered one or more brain injuries. They want the NFL and helmet maker, Riddell, to set up and pay for medical monitoring and treatment programs for all former, current and future NFL players. Liberals are big supporters of the respect for human dignity. In that case, the NFL tentatively agreed to pay $765 million to past players with health problems that can be caused by concussions. Although research and progress within the scientific and medical communities is understandably slow, the same could be said about the NFL's response to concussions and the dangers they pose to new research reveals new findings. However, some liberals believe that it has taken to long for the NFL to respond to the perceived crisis and its attempt to regulate the concussion treatments which could eventually lead to players ...
At the same time players like Matt Forte, running back for the Chicago Bears, believes that all of these rules are becoming an issue (Dunkak). Dunkak can argue that every rule is contradicting to what the offense does and what the defense does. For instance Ndamukong Suh, Detroit Lions Defensive Tackle, was sued for a hit on quarterback, Brandon Weeden, from the Cleveland Browns. The hit appeared to be a “clean hit,” as Suh put his helmet in the middle of Weeden’s chest to take him down. Nonetheless, the NFL made it illegal to use any part of a players’ helmet to violently take down an opponent. Also, Detroit Lions Kicker, David Akers, compares the NFL to a golden goose by saying if you change it too many times, all of the sudden you do not have that great of a product
The tone of this essay is largely persuasive but turns sarcastic as it progresses towards the end. His unique use of diction clearly supports the persuasive tone to his readers. The author's use of the word "tongue-lashing", to describe the way a soccer player "may find himself writhing under a coach's tongue- lashing", gives a harsh impression that the players are forced to cheat like slaves were forced to work. Secondly, the use of over exaggerated adjectives such as "astronomical salaries" is overblown to a point where the reader starts to agree with his arguments. The use of his harsh words and exaggerated adjectives gives insightful depth to his arguments, and in return consistently supports his persuasive tone. His syntax supports his tone as well, since he gives out his own biased opinion to prove h...
If there’s one thing we dread in the summer more than the heat, it’s the afflicting sentiment that surrounds oneself when one is inhibited from experiencing the thrills of football for six long and gruesome months. National Collegiate Athletic Association (NCAA) football is a part of many Americans’ Saturdays, but to fewer does it mean their lives. Recently coming under debate, many sporting fans and college athletes believe that players should be paid more than just tuition, room, board, and books. Two articles on this issue that bring up valid points worth discussing are Paul Marx’ “Athlete’s New Day” and Warren Hartenstine’s “College Athletes Should Not Be Paid.” From these articles I have found on the basis of logical,
So, now that we have you all caught up, let's dig into the question at hand. Do NFL players have the right to protest the National Anthem while they are on the clock? Players are saying it is freedom of speech. While everyday Americans are saying it is a double standard and they could not do that without being fired from their jobs.
In the article titled, “Dear Americans: Whatever You Do, Don’t Ban College Football,” published May 26, 2012 on pjmedia.com, Michael Van Der Galien endeavors his audience the influence of football, and how banning the sport within schools will take away the uniqueness of the sport. Van Der Galien compares football players as “gladiators”; how gladiators are known to entertain the crowd while hurting one another. No matter how dangerous the sport may be, Van Der Galien is confused on how analyst are shocked about the man injuries in football. Coming from England, Van Der Galien believes that football is freedom for America, and how “the freedom to pursue your happiness, regardless of what know-it-alls thinks.” (Van Der Galien, 2012, para. 6). Mr. Gladwell, interviewer from Slate, argues about how college football needs to be banned because of its health issues, and how it does not benefit the academics whatsoever.
Football is a discourse community I am involved in where the members have similar goals and expectations. As in, what Swales describes a discourse community as groups that have goals or purposes, and use communication to achieve these goals”. In his article “The Concept of Discourse Community” (Swales 466-479) Swales argues for a fresh conceptualization of discourse community, especially as a distinct entity from the similar sociolinguistic concept of speech community, and building upon the foundations of that argument defines discourse community in his own. In the Conceptualization of Discourse Community he talks about the six defining characteristics of a discourse community. The discourse community I am part of is playing and coaching football.
Per utilitarian ethics, no matter the link between football and CTE, the research the NFL’s actions would be considered ethical. Lack of certainty in the research makes deontological ethics more difficult to implement. Since the research did not directly related football to the brain injuries, there is not the same obligation to disclose research that is not definite. Parallel to if the information was conclusive the NFL fell into the ethical traps of money and conflict of interest. The NFL still had to wrestle with ethical traps even if the it was considered ethical to not disclose the research. Since the research could not exclusively blame football concussion to permanent brain injuries, the ethical decision was not as black and white as
When NFL linebacker Junior Seau retired in 2010, he seemed set for life, yet two years later, he was dead. Eight months after Seau’s death, the scientists who looked further into the cause of his death declared that they had found evidence of Chronic Traumatic Encephalopathy, a nerve disease linked to concussions, which has been a reason in the deaths of many NFL players. Despite this fact, during Seau’s retirement he withdrew from his family and friends, made bad business decisions, gambled large with large amounts, as well abused pills and alcohol. As NFL player Warren Moon stated, “One thing I read that was peculiar to me—he had never been diagnosed with a concussion. That tells me he wasn't reporting what was wrong with him. For a guy that played linebacker for twenty years, somewhere in there he would've had a concussion.” Seau’s family and the media are wanting to blame the NFL for Seau’s death yet how you can blame a game for Seau’s actions? The NFL is not to blame for him not reporting his game injuries and keeping them a secret. They NFL did not make him drink, gamble, pop pills nor make terrible decisions that untimely led to his death.
The NFL has produced a product that has caused long-term brain damage and needs to be liable for the compensation due to its victims. In a recent article titled “A Brain Gone Bad” finding by Dr. Bennet Omalu and Dr. Robert Cantu, case studies of the effect of concussions in ex-NFL players’ brains “presented clinical symptoms of sharply deteriorated cognitive function and psychiatric symptoms such as paranoia, panic attacks, and major depression.” These case studies took place from 2005-2007 and found that NFL concussions were the underlying cause of CTE (chronic traumatic encephalopathy) which can cause dementia and Parkinsonism but the NFL committee tried to sweep this information “under the rug” by writing a letter to the head editor of the article asking for the letter to be retracted. This kind of reaction gives the impression of guilt on the part of the NFL and its committee. Hundreds of players, past and present, have major long-lasting brain trauma that has caused their lives and their families to be negatively impacted. The NFL has shown negligence but has not stepped up in compensation to the players and their families even with the findings in these studies that prove their fault.
The National Football League is made up of 32 teams that were once founded in 1920 by a group of people who helped form the league. In the beginning the league wasn’t really structured to what it is now. Teams will just play and no playoff games, seeding’s, or the game itself matter because not only was the game was overshadow by America’s past time baseball, but it was difficult because the college game was established as well. Owning a team was extremely hard because owner’s will spent large amounts of cash and participate in bidding wars for players. Fast-forward to today’s day and age it is safe to say the NFL may be the most brutal and exciting game to play. Rule’s and norms are intact for teams to do things more ethical. Money is what really drives this business and of course constant advertisement to promote its brand. With some of that revenue, the NFL has opened a program called NFL: Play 60. The purpose of this program is to encourage kids to be physically active for 60 minutes in a day to reduce America’s child obesity. The NFL has been successful because in 2010 the first lady Michelle Obama announced it would be teaming up with NFL PLAY 60 as a health imitative for children. This was a great move for the brand because The First Lady’s office and...
Being a part of the sports industry does come along with a lot of responsibilities and limitations. One of the bigger First Amendment issues in sports today involves the freedom of speech and the use of social media by student-athletes as well as monitoring and/or prohibiting the use of social media by the athletic departments. The First Amendment to the United States Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therefore; or abridging the freedom of speech, or of the personal or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The Fourteenth Amendment addresses the equal protection of the laws for everyone that is born or naturalized in the United States. No state has the right to deprive anyone of life and liberty. College is a place where students can communicate and express themselves in new and different ways, unless you are a student athlete at NCAA.